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365
George Orwell
I. Teacher to Teacher Dialogue
are looking for ways to balance these needs against those of business.
I like to focus on one illustrative issue from each area of air, land, and water. For example,
here in Denver the “Brown Cloud” continues to be one of our most vexing problems, so I spend a
fair amount of time talking about the measures being taken at the local level in addressing that
law students?
The range of topics covered under the auspices of environmental law is immense. I like to
have my students each select a different incident, write a brief paper, and do a short presentation
on it. Many of the issues they identify are fascinating, and allow you to engage the students in a
II. Chapter Objectives
1. Describe an environmental impact statement and identify when one is needed.
2. Describe the Clean Air Act and national ambient air quality standards.
3. Describe the Clean Water Act and effluent water standards.
4. Explain how environmental laws regulate the use of toxic substances and disposal of
hazardous wastes.
ENVIRONMENTAL PROTECTION
45
Chapter 45
5. Describe how the Endangered Species Act protects endangered and threatened species and
their habitats.
III. Key Question Checklist
What are the basic powers of the Environmental Protection Agency?
What statutes govern air or radiation, water resources, hazardous waste, wildlife preservation,
and noise pollution?
How does the Endangered Species Act protect threatened species?
What statutes govern the disposal of toxic substances and hazardous wastes?
IV. Text Materials
Environmental Protection
In the 1970’s, the federal government began enacting statutes to protect the nation’s resources
Environmental Protection Agency – The EPA is a federal agency that promulgates rules and
Environmental Impact Statement – The National Environmental Policy Act mandated that the
government consider the “adverse impact” of all legislation on our environment. NEPA requires
an Environmental Impact Statement (EIS) for every major federal action. The EIS will include
Air Pollution
The Clean Air Act and its amendments deal with air pollution and air quality.
Sources of Air Pollution – Air pollution is emitted from both stationary and mobile sources. The
National Ambient Air Quality Standards – The EPA establishes national ambient air quality
standards for a number of pollutants. Each state is responsible for the enforcement of these
Nonattainment Areas – Any region that fails to meet the standards is designated as a
nonattainment area and classified from marginal to extreme. Deadlines are established for
Environmental Protection
Contemporary Environment: Indoor Air Pollution
The “sick building syndrome” affects one-third of the buildings in the U.S., and will probably
spawn a flood of litigation.
Water Pollution
different water usages.
Point Sources of Water Pollution – The EPA has established pollution control standards for
do unless they are regulated.
Case 45.1 Environmental Pollution: United States v. Maury
695 F.3d 227, 2012 U.S. App. Lexis 19474 (2012), United States Court of Appeals for the Third
Circuit
Decision: Yes, the executives were liable.
Ethics Questions: These executives obviously did not behave ethically and neither did the
employees. The punishment seems appropriate.
Wetlands – In order to fill or dredge wetlands, a permit must first be obtained from the Army
Corps of Engineers. Wetlands are areas that are inundated or saturated with water and support
vegetation and life forms that thrive in saturated soil conditions.
Ocean Pollution – The Marine Protection, Research, and Sanctuaries Act extended
environmental protection to the oceans requiring permits to dump wastes into the oceans and
Chapter 45
The BP oil spill is one of the greatest environmental disasters in U.S. history. The damage caused
parties could go on for several decades before they are resolved, either through settlements or
court decisions.
Toxic Substances and Hazardous Waste
Toxic Substances Control – The Toxic Substances Control Act is promulgated by the EPA,
which is authorized to identify and establish standards for toxic air pollutants. All new chemicals
registered before they can be sold.
Hazardous Waste – Because the disposal of hazardous wastes can cause land pollution,
Landmark Law: Superfund
Nuclear Waste – Nuclear power plants create radioactive wastes; additionally, accidents, errors,
and faulty construction can cause radiation pollution. The Nuclear Regulatory Commission
Endangered Species
The Endangered Species Act empowers the secretary of the interior to designate wildlife as
Environmental Protection
Critical Legal Thinking Case: Endangered Species
The TVA is a wholly owned public corporation in the U.S. In 1976, the TVA, with appropriations
from Congress, began building the Tellico Dam. In 1973, a new species of perch, the snail darter,
Critical Legal Thinking Questions: The question was, would the TVA be in violation of the
Endangered Species Act if it operated the Tellico Dam? The Endangered Species Act clearly
requires that actions of the federal government do not jeopardize an endangered species or its
habitat. There are no exceptions. The legislative history of the act supports this conclusion. It was
State Environmental Protection Laws
Most states have enacted statutes and ordinances protecting the environment.
Global Law: International Environmental Protection
V. Key Terms and Concepts
Air pollution—Pollution caused by factories, homes, vehicles, and the like that affects the air.
United States.
Clean Air Act Amendments—The Clean Air Act was amended in 1970 and 1977 and, most
recently, by the Clean Air Act Amendments of 1990.
Clean Water Act—A federal statute that establishes water quality standards and regulates
water pollution.
Chapter 45
Endangered Species Act—A federal statute that protects endangered and threatened species
of wildlife.
environment.
Environmental Protection Agency (EPA)—An administrative agency created by Congress in
Federal Water Pollution Control Act—In 1948, Congress enacted the Federal Water Pollution
Control Act (FWPCA) to regulate water pollution.
managed.
Indoor air pollution—The air inside office buildings may be 100 times more polluted than the
air outside depending upon how the construction of buildings has occurred.
Insecticide, Fungicide, and Rodenticide Act—A federal statute that requires pesticides,
herbicides, fungicides, and rodenticides to be registered with the EPA; the EPA may deny,
suspend, or cancel registration.
disposed of in an improper manner.
Marine Protection, Research, and Sanctuaries Act—A federal statute enacted in 1972 that
extends environmental protection to the oceans.
Mobile sources of air pollution—Automobile and other vehicle emissions are a major source
of air pollution in this country.
economic values (secondary level).
National Environmental Policy Act—A federal statute which mandates that the federal
government consider the adverse impact a federal government action would have on the
environment before the action is implemented.
Nonattainment areas—Regions that do not meet air quality standards.
opening of commercial nuclear power plants.
Nuclear Waste Policy Act of 1982—A federal statute that says the federal government must
select and develop a permanent site for the disposal of nuclear waste.
Oil Pollution Act—A federal statute that requires the oil industry to take measures to prevent
oil spills and to readily respond to and clean up oil spills.
wastes.
Safe Drinking Water Act—A federal statute enacted in 1974 and amended in 1986 that
authorizes the EPA to establish national primary drinking water standards.
Environmental Protection
Strict liability—Liability without fault.
Thermal pollution—Heated water or material discharged into waterways that upsets the
ecological balance and decreases the oxygen content.
Toxic air pollutants—Air pollutants that cause serious illness or death to humans.
Toxic substances—Chemicals used by agriculture, industry, business, mining, and
navigable waters and qualified wetlands in the United States.
Water pollution—Pollution of lakes, rivers, oceans, and other bodies of water.
Wetlands—Areas that are inundated or saturated by surface water or ground water that
support vegetation typically adapted for life in such conditions.
